Can a plaintiff recover contribution or indemnity from a second tortfeasor?

Ontario, Canada


The following excerpt is from CBS Canada Holdings Co. (Famous Players Inc.) v. Hammerschlag & Joffe Inc., 2009 CanLII 66997 (ON SC):

Section 2 "confers a right to recover contribution or indemnity in cases coming within its provisions," namely, as the section states, "by settling with the person suffering such damage, and thereafter commencing or continuing action against such other tortfeasor": Nesbitt v. Beattie [See Note 9 below] per Pickup C.J.O. Cases hold that this right to contribution and indemnity from the second tortfeasor accrues only when the liability of the first tortfeasor claiming contribution is determined by a judgment against the first tortfeasor or by a settlement between the plaintiff and that tortfeasor. [See Note 10 below] Commencing an action is one way to pursue contribution or indemnity, but that can only happen after settlement has been reached.

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